Bilingual interpretation of EHS laws and regulations in July 2017
Measures for the Supervision and Administration of “Three Simultaneities” of Facilities for the Prevention and Control of Occupational Diseases of Construction Projects
Prevention of occupational diseases is an important component of enterprise work safety management. Until the end of 2016, a number of important laws and regulations had been issued continuously, which have important influence on the future prevention and control work of occupational disease:
The Law of the People's Republic of China on the Prevention and Control of Occupational Diseases was revised and came into force on September 1, 2016;
the CPC Central Committee and the State Council issued the Opinions on Promoting the Reform and Development in the Field of Work Safety on December 9, 2016;
the State Council issued the National Program for Prevention of Occupational Diseases (2016-2020) on December 26, 2016.
The Measures for the Supervision and Administration of "Three Simultaneities" of Facilities for the Prevention and Control of Occupational Diseases of Construction Projects (hereinafter referred to as "the Measures") was issued on March 9, 2017 and came into force on May 1, 2017, which puts forward more specific requirements on how to implement the requirements stipulated in the abovementioned important laws and regulations.
Three tasks shall be done well to implement the “three simultaneities” of facilities for the prevention and control of occupational diseases, including the preliminary evaluation of occupational disease hazards, the design of facilities for the prevention and control of occupational diseases and the acceptance check of facilities for the prevention and control of occupational diseases;
The Measures provides specific provisions on how to standardize the implementation of the above three tasks, and will have a long-term impact on the daily management of occupational health and the regular operation of the enterprise. Therefore, the interpretation is as followed.
Firstly, there is no doubt that the construction entity is the liability party.
Article 3 An entity responsible for the investment and management of a construction project prescribed in Article 2 of these Measures (hereinafter referred to as the “construction entity”) means the party responsible for the construction of facilities for the prevention and control of occupational diseases of a construction project.
Secondly, the safety evaluation, the evaluation of occupational health, design and acceptance check can be organized together.
Article 4 The “three simultaneities” of facilities for the prevention and control of occupational diseases of the construction project may be conducted with the “three simultaneities” of safety facilities at the same time. The construction entity may issue reports or design on the preliminary evaluation of occupational disease hazards and safety of the construction project, design of facilities for the prevention and control of occupational diseases and design of safety facilities, evaluation of control effects of occupational disease hazards and safety acceptance check evaluation, and organize the acceptance check of facilities for the prevention and control of occupational diseases and safety facilities together.
Article 28 The facilities for the prevention and control of occupational diseases of construction projects that are constructed or put into production or use by stages shall be checked and accepted by stages at the same time with the construction project.
Thirdly, the degree of occupational disease hazards can be categorized into three types, and the catalogue management shall be applied.
Article 6 The state shall, according to the degree of risks of causing occupational disease hazards of construction projects, categorize construction projects into three types, including those with ordinary, relatively serious and serious occupational disease hazards, and conduct major supervision and inspection of construction projects with serious occupational disease hazards.
The catalogue of categorized management of occupational disease hazards of construction projects shall be developed and released by the State Administration of Work Safety. The provincial work safety administration may, according to the actual circumstances of its region, make supplementary provisions on the catalogue of categorized management of occupational disease hazards of construction projects, but they shall not be lower than the management level prescribed by the State Administration of Work Safety.
Editor's note: the Classification Management Catalogue for Risks of Occupational Diseases Hazards of Construction Projects (the 2012 version) classifies occupational disease hazards of 159 kinds out of eight major industries, including 61 industries with serious occupational disease hazards, 53 industries with relatively serious occupational disease hazards, and 18 industries with ordinary occupational disease hazards. This Catalogue is still under revision, please pay attention to it. The 2012 version is shown as followed.
Classification Management Catalog for Risks of Occupational Diseases Hazards of Construction Projects